Prudent1.com Terms of Service

By signing up for a Prudent1.com Account (as defined in Section 1) or by using any Prudent1.com Services (as defined below), you are agreeing to be bound by the following terms and conditions (the “Terms of Service”).

As used in these Terms of Service, “we”, “us” and “Prudent1.com” means the applicable Prudent1.com LLC Contracting Party (as defined in Section 4 below).

The services offered by Prudent1.com under the Terms of Service include a software platform and other various products and services to help you sell goods and services to buyers, whether online (“Online Services”), in person (“POS Services”), or both. Any such services offered by Prudent1.com are referred to in these Terms of Services as the “Services”. Any new features or tools which are added to the current Services shall be also subject to the Terms of Service. You can review the current version of the Terms of Service at any time at https://prudent1.com/terms-and-conditions/. Prudent1.com reserves the right to update and change the Terms of Service by posting updates and changes to the Prudent1.com website. You are advised to check the Terms of Service from time to time for any updates or changes that may impact you. And if you do not accept such amendments, you must cease using the Services.

You must read, agree with and accept all of the terms and conditions contained or expressly referenced in these Terms of Service, including Prudent1.com’s Acceptable Use Policy (“AUP”) and Privacy Policy, and, if applicable, the Prudent1.com API License and Terms of Use (“API Terms”) and the Prudent1.com Data Processing Addendum (“DPA”) before you may sign up for an Prudent1.com Account Subscription or use any Prudent1.com Service.

Everyday language summaries are provided for convenience only and appear in bold under each section, but these summaries are not legally binding. Please read the Terms of Service, including any document referred to in these Terms of Service, for the complete picture of your legal requirements. By using Prudent1.com or any Prudent1.com services, you are agreeing to these terms. Be sure to occasionally check back for updates.

Account Terms

To access and use the Services, you must purchase a Prudent1.com Subscription account (“Account”) by providing your full legal name, current address, phone number, a valid email address, and any other information indicated as required. Prudent1.com may reject your application for an Account, or cancel an existing Account, for any reason, at our sole discretion.
You must be the older of: (i) 18 years, or (ii) at least the age of majority in the jurisdiction where you reside and from which you use the Services to open an Account.
You confirm that you are receiving any Services provided by Prudent1.com for the purposes of carrying on a business activity and not for any personal, household or family purpose.
You acknowledge that Prudent1.com will use the email address you provide on opening an Account or as updated by you from time to time as the primary method for communication with you.
You are responsible for keeping your password secure. Prudent1.com cannot and will not be liable for any loss or damage from your failure to maintain the security of your Account and password.
You are responsible for all activity and content such as photos, images, videos, graphics, written content, audio files, code, information, or data uploaded, collected, generated, stored, displayed, distributed, transmitted or exhibited on or in connection with your Account (“Materials”).
A breach or violation of any term in the Terms of Service, including the AUP, as determined in the sole discretion of Prudent1.com may result in an immediate termination of your Services.
You are responsible for maintaining an independent relationship with all product manufacturers and or suppliers of products you choose to sell from the list of products seen on the Prudent1.com Flagship Store website and ensuring those products are in stock and still legal to sell in your particular state or region.
You are responsible for maintaining an independent relationship with Shipstation and paying all applicable shipping costs whether via drop shipping or via another approved method of shipping approved by Prudent1.com LLC. You are responsible for paying all applicable state and local sales tax.

WHICH MEANS

You are responsible for your Account and any Materials you upload to the Prudent1.com Service and sell to the public. Remember that if you violate these terms we may cancel your service.

If we need to reach you, we will send you an email.

Account Activation

2.1 Store Owner

Subject to section 2.1(2), the person signing up for the Service by opening an Account will be the contracting party (“Store Owner”) for the purposes of our Terms of Service and will be the person who is authorized to use any corresponding Account we may provide to the Store Owner in connection with the Service.
If you are signing up for the Services on behalf of your employer, your employer shall be the Store Owner. If you are signing up for the Services on behalf of your employer, then you must use your employer-issued email address and you represent and warrant that you have the authority to bind your employer to our Terms of Service.
Your Prudent1.com Store can only be associated with one Store Owner. A Store Owner may have multiple Prudent1.com Stores. “Store” means the online store or physical retail location(s) associated with the Account.

WHICH MEANS

Only one person can be the “Store Owner”, usually the person signing up for the Prudent1.com Service. The Store Owner is responsible for the Account, is bound by these Terms of Service and is responsible for the actions of others accessing the Account. If you sign up on behalf of your employer, your employer is the Store Owner responsible for your Account.

Any domain you purchase through us will automatically renew unless you opt out.

General Conditions

You must read, agree with and accept all of the terms and conditions contained in these Terms of Service, including the AUP and the Privacy Policy Before you may become an Prudent1.com User.

Technical support in respect of the Services is only provided to Prudent1.com Users.
The Terms of Service shall be governed by and interpreted in accordance with the laws of the United States Of America applicable therein, without regard to principles of conflicts of laws. The United Nations Convention on Contracts for the International Sale of Goods will not apply to these Terms of Service and is hereby expressly excluded.
You acknowledge and agree that Prudent1.com may amend these Terms of Service at any time by posting the relevant amended and restated Terms of Service on Prudent1.com’s website, available at https://prudent1.com/terms-and-conditions/ and such amendments to the Terms of Service are effective as of the date of posting. Your continued use of the Services after the amended Terms of Service are posted to Prudent1.com’s website constitutes your agreement to, and acceptance of, the amended Terms of Service. If you do not agree to any changes to the Terms of Service, do not continue to use the Service.
You may not use the Prudent1.com Services for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws), the laws applicable to you in your customer’s jurisdiction, or the laws of The United States of America. You will comply with all applicable laws, rules and regulations in your use of the Service and your performance of obligations under the Terms of Service.
The Prudent1.com Terms of Use at https://prudent1.com/terms-and-conditions/ govern your access to and use of the Prudent1.com software. You are solely responsible for the activity that occurs while using your Prudent1.com account and for keeping your login Credentials secure.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Services, or access to the Services without the express written permission by Prudent1.com.
You shall not purchase search engines or other pay per click keywords (such as Google AdWords), or domain names that use Prudent1.com or Prudent1.com trademarks and/or variations and misspellings thereof.
Questions about the Terms of Service should be sent to info@prudent1.com
You understand that your Materials (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You acknowledge and agree that your use of the Services, including information transmitted to or stored by Prudent1.com, is governed by its privacy policy at https://prudent1.com/terms-and-conditions/
The Terms of Service may be available in languages other than English. To the extent of any inconsistencies or conflicts between these English Terms of Service and Prudent1.com’s Terms of Service available in another language, the most current English version of the Terms of Service at https://prudent1.com/terms-and-conditions/ will prevail.
All the terms and provisions of the Terms of Service shall be binding upon and insure to the benefit of the parties to the Terms of Service and to their respective heirs, successors, permitted assigns and legal representatives. Prudent1.com shall be permitted to assign these Terms of Service without notice to you or consent from you. You shall have no right to assign or otherwise transfer the Terms of Service, or any of your rights or obligations hereunder, to any third party without Prudent1.com’s prior written consent, to be given or withheld in Prudent1.com’s sole discretion.
If any provision, or portion of the provision, in these Terms of Service is, for any reason, held to be invalid, illegal or unenforceable in any respect, then such invalidity, illegality or unenforceability will not affect any other provision (or the unaffected portion of the provision) of the Terms of Service, and the Terms of Service will be construed as if such invalid, illegal or unenforceable provision, or portion of the provision, had never been contained within the Terms of Service.

WHICH MEANS

The Prudent1.com service belongs to us. You are not allowed to rip it off or use it for any illegal or sketchy purpose.

Your Materials may be transferred unencrypted and may be altered, but credit card information is always encrypted.

Prudent1.com Affiliate Marketing Program(In Beta)

Prudent1.com offers an affiliate marketing program that allows affiliates to earn commissions by promoting our subscription plans. Affiliates can sign up for the program by creating either a customer account or a store vendor account on Prudent1.com’s website. Once you have created either a customer account or a store vendor/seller account, then you will be able to navigate to your account page by clicking on “my account” on the top right hand corner of the website. On the account page on the bottom left hand corner, you will find the affiliate dashboard link. Once you click that affiliate dashboard link you will click on “Become an Affiliate” which will automatically set up your affiliate marketing account.

As an affiliate, you will receive a unique affiliate link that you can use to promote our subscription plans. When someone clicks on your link and makes a purchase, you will earn a commission. The commission rate varies depending on the subscription plan and is subject to change at any time.

Two Types of Prudent1.com Marketplace Affiliates

Prudent1.com marketplace affiliates market the vendor subscription packages only.

“Founding Affiliates” The Founding Affiliate position is reserved for influencers who have worked hard to accumulate at least 200,000 subscribers or followers. For these individuals we would like to offer Founding Affiliate positions giving them 50% of our paid subscription prices. For a limited amount of time Founding Affiliates can get half of our Silver, Gold, and Platinum monthly subscription sales on all vendors who sign up through their “Founding Affiliate Link.” This limited time offer will not last forever and may eventually go down to 25% or we may decide to leave it in place indefinitely only for those who have come through the founding affiliates link and simply end the ability to sign up new vendors at the 50% commission rate after a certain period of time. In short, after a certain period of time, the 50% commission rate may end, grandfathering those vendors who remain, at the 50% commission rate. All influencers who are offered a Founding Affiliate position should consider this opportunity similar to what it would’ve been like to be offered a founding opportunity in some of the greatest companies in the history of the United States. If you have at least 200,000 subscribers/followers and want to become a Founding Affiliate, please sign up first as a Standard Affiliate. After signing up as a Standard Affiliate, please email us at support@prudent1.com. Please provide us with the following KYC information: Name, address, phone number, Copy of Government ID or Driver’s License, (front and back). If operating as a business please provide proof of DBA, LLC, or INC, and EIN number. Provide us the links to your social media channel/channels, give a brief description about how you will promote our subscriptions, and a screenshot to prove your ownership of the account. PLEASE NOTE: Only a small select number of Founding Affiliates will be selected. If you are not accepted initially as a Founding Affiliate, this does not mean that we will not reach out to you at a later date.
“Standard Affiliates.” Next we would like to offer a standard affiliate commission for all standard affiliates who refer vendors to our site and those referred purchase any of our Silver, Gold, or Platinum subscription packages. Standard affiliates will get 12.5% of our subscription price as commission indefinitely for all who purchase 1 of the 3 paid subscription packages. So the affiliate commissions for the MARKETPLACE are as follows:

FOUNDING AFFILIATE COMMISSION:

Silver=50% of $29 totaling $14.50 recurring monthly payout
Gold =50% of $59 totaling $29.50 recurring monthly payout
Platinum= 50% of $79 totaling $39.50 recurring monthly payout

STANDARD AFFILIATE COMMISSION:

Silver= 12.5% of $29 totaling $3.63 recurring monthly payout
Gold= 12.5% of $59 totaling $7.38 recurring monthly payout
Platinum = 12.5% of $79 totaling $9.88 recurring monthly payout

Marketplace affiliate payouts will not continue if a vendor cancels a subscription.

Prudent1.com Vendor Product Affiliate Marketing Program(In Beta)

In addition to the Founding Affiliate programs and Standard Affiliate programs above, Prudent1 LLC is currently offering an affiliate marketing program to allow our vendors to generate affiliate links for the products of their choosing that they sell on the Prudent1.com marketplace. Until this program is out of beta, the following manual processes will be carried out until integrated automation is complete.

Vendors who open up a store on Pruden1.com will be able to participate in the Prudent1 LLC affiliate marketing program(in beta). Vendors can select certain products that they sell to be a part of the Prudent1.com affiliate marketing program. Vendor’s must LIST each product they want to be affiliate marketed in our designated category entitled “PRUDENT1 AFFILIATE PRODUCTS”. Vendors are hereby notified that once they list certain of their products in the “PRUDENT1 AFFILIATE PRODUCTS” category those products can be affiliate marketed by anyone who clicks on any of the products in that category. The affiliate commission paid to affiliate marketers who market products in the “PRUDENT1 AFFILIATE PRODUCTS” category will be 12.5%. Vendors must also be aware that Prudent1.com will also take a 2% commission fee on all products in the “PRUDENT1 AFFILIATE PRODUCTS” category so vendors must calculate and anticipate 14.5% of the total price of the product before calculating vendor profits on the product. If this seems high vendors must remember that they are not obligated to list their[products in this category but only those vendors who want to make use of affiliate marketers and earn revenue based on the volume of sales an affiliate marketer can generate. There is a saying: “I would rather have 1% of 100 other peoples efforts than only 100% of my own efforts. So in this regard many find the affiliate marketing method of selling their products attractive because of the additional selling channels it provides.

Once a product is listed in the “PRUDENT1 AFFILIATE PRODUCTS” category individuals who wish to market a product can click on the product, copy the URL link at the top of the page and past it in the “generate link” in their affiliate dashboard and that will create your unique affiliate link for that particular product. When a customer purchases a vendor’s product through the affiliate link, the affiliate will earn a 12.5% commission on the vendor’s product. NOTE: Affiliates Must remember to ad their PayPal email when setting up their affiliate accounts in order to be paid. Affiliates must generate $100 in affiliate commissions before they can be paid. Please remember this program is in Beta and we hope to improve it as affiliates sign up, use it and give us the ability to work out any bugs. We feel the Prudent1.com Affiliate Marketing programs will eventually become the best in the industry so the time to get involved is now!

Note: The Term “Founding Affiliate” and Standard Affiliate do not in any way denote or equate to any kind of ownership in or of Prudent1.com or Prudent1 LLC.

In the event that Prudent1.com terminates the Founding Affiliate or Standard Affiliate Program, Founding Affiliates and Standard Affiliates will continue to receive their 50% and 12.5% Commissions on All paid Monthly Subscriptions existing from vendors who signed up under the Founding Affiliates or standard affiliate link for as long as the vendor continues to pay the monthly subscription.

Founding Affiliates and Standard Affiliates are not considered employees of Prudent1.com. Founding Affiliates are considered independent contractors and will receive 50% of monthly subscription packages as commission from all subscription packages purchased through the founding affiliates link. This monthly commission payout will continue for as long as the vendor continues paying the monthly subscription package. Should the vendor cancel the subscription, the founding affiliates monthly affiliate commission will end as well.

Founding affiliates are responsible for filling out a 1099 and keeping track of their own earnings and taxes owed on all affiliate commissions paid by prudent1.com via Prudent1 LLC.

Should a Founding Affiliate or Standard Affiliate violate The Terms OF Service of Prudent1.com DBA Prudent1 LLC, or the Laws of the United States, Prudent1.com reserves the right to terminate The Founding Affiliate and the Standard Affiliate Position in the program.

Vendors who open a store on prudent1.com are not considered employees of prudent1.com but are considered independent contractors who are responsible for keeping track of their earnings and taxes owed and filing a 1099 at the end of the year.

In the event prudent1.com DBA Prudent1 LLC decides to cancel the Prudent1 Vendor Product Affiliate Program, vendor will no longer receive commissions from products in that category as that category will have ceased to exist. Vendors are also free at any time to pull their products from the Prudent1 Vendor Product Affiliate Program.

PRUDENT1 LLC AFFILIATE MARKETING AUTHORIZED USE POLICY

By participating in our affiliate marketing program, you agree to abide by the following terms and You WILL NOT:

Engage in any unethical or deceptive marketing practices.

Promote our subscription plans or vendor products through spam or unsolicited emails.

Use any misleading or inaccurate advertising claims to promote our subscription plans or vendor products.

Promote our subscription plans or vendor products on any website or platform that promotes hate, violence, or discrimination.

Prudent1.com reserves the right to terminate any affiliate’s account if they violate any of these terms or engage in any behavior that we deem harmful to our brand or reputation, or that violate the laws of the United States or your current jurisdiction.

Dispute Resolution Between Customers and Vendors

Prudent1.com is a multi-vendor marketplace where vendors sell their products and services to customers. While we strive to maintain a fair and positive environment for both vendors and customers, disputes may sometimes arise between them. Please note that Prudent1.com is not liable for any disputes that may arise between customers and vendors.

By using Prudent1.com, you agree to release and hold harmless Prudent1.com and its affiliates, officers, directors, employees, and agents from any claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

Vendor KYC Verification

As a multi-vendor marketplace, Prudent1.com follows the “Know Your Customer” (KYC) policies in order to maintain a secure and trustworthy platform for both vendors and customers. Therefore, all vendors are required to undergo a KYC verification process before they are allowed to sell on the platform.

Vendors will be required to provide proof of identity and address through various means, such as ID card verification, face verification, and biometric verification, including written signature. Examples of acceptable KYC documentation include a government-issued driver’s license or a valid passport. Additionally, we may request supporting documentation verification, such as a utility bill, for verification purposes.

By submitting your KYC documents to Prudent1.com, you consent to our use of such documents for verification and security purposes. We will take reasonable measures to ensure the confidentiality and security of your personal information, in accordance with our privacy policy.

Please note that failure to provide accurate and complete KYC documents may result in delays in the approval of your vendor account or suspension or termination of your account. Additionally, Prudent1.com reserves the right to conduct periodic or ad hoc KYC reviews of vendor accounts to ensure compliance with our policies and regulations.

By registering as a vendor on Prudent1.com, you agree to comply with our KYC policies and procedures.

ACCEPTABLE USE

Prudent1 LLC repeats the acceptable use terms and conditions above and further elaborates as follows:

By registering as a vendor on Prudent1.com, you agree to not sell these prohibited products:

Illegal products: Any product that violates the laws or regulations of the country, state or local authorities is strictly prohibited on Prudent1.com. Such products include but are not limited to illegal drugs, counterfeit goods, pirated software, and stolen goods.
Weapons: The sale or promotion of any weapons, firearms, ammunition, explosives, or any other items that can be used to cause harm or injury to individuals or groups is strictly prohibited on Prudent1.com.
Adult Products: Any product related to pornography or sexual enhancement products is strictly prohibited on Prudent1.com.
Tobacco and vaping products: The sale of tobacco or vaping products is strictly prohibited on Prudent1.com.
Endangered species: Any product that is derived from endangered or threatened species, including but not limited to ivory, tiger skins, and rhinoceros horns, is strictly prohibited on Prudent1.com.
Medical products: Any medical device or product that is not approved by regulatory authorities or requires a prescription for use is strictly prohibited on Prudent1.com.
Recalled Products: Any product that has been recalled by the manufacturer or regulatory authorities due to safety concerns is strictly prohibited on Prudent1.com.
Stolen goods: The sale or promotion of stolen goods or goods that are acquired illegally is strictly prohibited on Prudent1.com.
Hate-related products: Any product that promotes or glorifies hatred, violence, discrimination or prejudice against any person or group based on their race, ethnicity, religion, gender, sexual orientation, or disability is strictly prohibited on Prudent1.com.
Counterfeit products: Any product that is fake, imitation, or replica of a branded product, or any product that infringes on the intellectual property rights of others, is strictly prohibited on Prudent1.com.
Food products: Food products are prohibited on Prudent1.com.
Alcohol: The sale or promotion of alcohol is strictly prohibited on Prudent1.com.
Gambling products: Any product related to gambling, including but not limited to lottery tickets, online casino games, or sports betting, is strictly prohibited on Prudent1.com.
Hazardous materials: Any product that contains hazardous materials or chemicals, or any product that is considered hazardous to the environment or public health, is strictly prohibited on Prudent1.com.
Live animals: The sale or promotion of live animals, including but not limited to pets, is strictly prohibited on Prudent1.com.
Pharmaceuticals: Any pharmaceutical product that is not approved by regulatory authorities or requires a prescription for use is strictly prohibited on Prudent1.com.
Weapons accessories: Any product that is designed to modify or enhance the performance of a weapon, including but not limited to silencers, high-capacity magazines, or bump stocks, is strictly prohibited on Prudent1.com.
Offensive materials: Any product that is considered offensive or inappropriate, including but not limited to racist, sexist, or derogatory materials, is strictly prohibited on Prudent1.com.
Human remains: The sale or promotion of human remains is strictly prohibited on Prudent1.com.

Please note that this list is not exhaustive and Prudent1.com reserves the right to remove any product from the site that it deems inappropriate or harmful. It is also important to note that certain products may be prohibited in certain regions or countries, and it is the responsibility of the seller to ensure that they are in compliance with all local laws and regulations.

By registering as a vendor on Prudent1.com, you agree to the following:

Restricted Countries: Vendors on Prudent1.com are prohibited from conducting business with individuals or entities located in countries that are subject to trade sanctions, embargoes or other legal restrictions imposed by the United States government or other relevant international organizations.

The list of prohibited countries may change over time, and it is the responsibility of each vendor to keep themselves up-to-date with the latest restrictions.

The following organizations and regulations outline the laws and regulations that prohibit the sale of goods to certain countries This includes, but not limited to, the following organizations:

Office of Foreign Assets Control (OFAC)
Bureau of Industry and Security (BIS)
Department of Commerce
Export Administration Regulations (EAR)
International Traffic in Arms Regulations (ITAR)
United Nations Security Council Sanctions
Department Of Homeland Security

Vendors on Prudent1.com are responsible for ensuring compliance with all applicable laws and regulations regarding international trade, and are expected to conduct thorough due diligence to ensure that they are not conducting business with any prohibited countries or entities. Failure to comply with these regulations may result in account suspension or termination.

In addition, Prudent1.com reserves the right to restrict or terminate any transaction that it deems to be in violation of this policy, even if the transaction does not involve a prohibited country.

Prudent1.com Contracting Party
If the billing address of your Store is located in the United States or Canada, this Section 4(1) applies to you:

“Prudent1.com Contracting Party” means Prudent1.com LLC., a United States corporation, located in The United States.
The parties irrevocably and unconditionally submit to the exclusive jurisdiction of the United States with respect to any dispute or claim arising out of or in connection with the Terms of Service. The United Nations Convention on Contracts for the International Sale of Goods will not apply to these Terms of Service and is hereby expressly excluded.

WHICH MEANS

If a dispute arises you may bring an action Only in the United States.

Prudent1.com Rights

We reserve the right to modify or terminate the Services for any reason, without notice at any time. Not all Services and features are available in every jurisdiction and we are under no obligation to make any Services or features available in any jurisdiction.
We reserve the right to refuse service to anyone for any reason at any time.
We may, but have no obligation to, remove Materials and suspend or terminate Accounts if we determine in our sole discretion that the goods or services offered via a Store, or the Materials uploaded or posted to a Store, violate our Acceptable Use Policy (“AUP”) or these Terms of Service.
Verbal or written abuse of any kind (including threats of abuse or retribution) of any Prudent1.com customer, Prudent1.com employee, member, or officer will result in immediate Account termination.
Prudent1.com does not always pre-screen Materials and it is in our sole discretion to refuse or remove any Materials from the Service, including your Store.
We reserve the right to provide our services to your competitors and make no promise of exclusivity in any particular market segment. You further acknowledge and agree that Prudent1.com employees and contractors may also be Prudent1.com customers/merchants and that they may compete with you, although they may not use your Confidential Information (as defined in Section 6) in doing so.
In the event of a dispute regarding Account ownership, we reserve the right to request documentation to determine or confirm Account ownership. Documentation may include, but is not limited to, a scanned copy of your business license, government issued photo ID, the last four digits of the credit card on file, your status as an employee of an entity, etc.
Prudent1.com retains the right to determine, in our sole judgment, rightful Account ownership and transfer an Account to the rightful Store Owner. If we are unable to reasonably determine the rightful Store Owner, without prejudice to our other rights and remedies, Prudent1.com reserves the right to temporarily disable an Account until resolution has been determined between the disputing parties.
This platform may not be used in any manner for spamming or hacking or in any manner that violates the laws of the United States or your current Jurisdiction.

WHICH MEANS

We can modify, cancel or refuse the service at any time. In the event of an ownership dispute over a Prudent1.com account, we can freeze the account or transfer it to the rightful owner, as determined by us.

Confidentiality

“Confidential Information” shall include, but shall not be limited to, any and all information associated with a party’s business and not publicly known, including specific business information, technical processes and formulas, software, customer lists, prospective customer lists, names, addresses and other information regarding customers and prospective customers, product designs, sales, costs (including any relevant processing fees), price lists, and other unpublished financial information, business plans and marketing data, and any other confidential and proprietary information, whether or not marked as confidential or proprietary. Prudent1.com’s Confidential Information includes all information that you receive relating to us, or to the Services, that is not known to the general public including information related to our security program and practices.
Each party agrees to use the other party’s Confidential Information solely as necessary for performing its obligations under these Terms of Service and in accordance with any other obligations in these Terms of Service including this Section 6. Each party agrees that it shall take all reasonable steps, at least substantially equivalent to the steps it takes to protect its own proprietary information, to prevent the duplication, disclosure or use of any such Confidential Information, other than (i) by or to its employees, agents and subcontractors who must have access to such Confidential Information to perform such party’s obligations hereunder, who each shall treat such Confidential Information as provided herein, and who are each subject to obligations of confidentiality to such party that are at least as stringent as those contained herein; or (ii) as required by any law, regulation, or order of any court of proper jurisdiction over the parties and the subject matter contained in these Terms of Service, provided that, if legally permitted, the receiving party shall give the disclosing party prompt written notice and use commercially reasonable efforts to ensure that such disclosure is accorded confidential treatment. Confidential Information shall not include any information that the receiving party can prove: (A) was already in the public domain, or was already known by or in the possession of the receiving party, at the time of disclosure of such information; (B) is independently developed by the receiving party without use of or reference to the other party’s Confidential Information, and without breaching any provisions of these Terms of Service; or (C) is thereafter rightly obtained by the receiving party from a source other than the disclosing party without breaching any provision of these Terms of Service.

WHICH MEANS

Both you and Prudent1.com agree to use the Confidential Information of the other only to perform the obligations in these Terms of Service. Confidential Information must be protected and respected.

Limitation of Liability

You expressly understand and agree that, to the extent permitted by applicable laws, Prudent1.com shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from the use of or inability to use the Service.
To the extent permitted by applicable laws, in no event shall Prudent1.com or our suppliers be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with our site, our Services or these Terms of Service (however arising including negligence). You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, Prudent1.com partners, officers, directors, agents, employees, and suppliers harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents it incorporates by reference (including the AUP), or your violation of any law or the rights of a third party.
Your use of the Services is at your sole risk. The Services are provided on an “as is” and “as available” basis without any warranty or condition, express, implied or statutory.
Prudent1.com does not warrant that the Services will be uninterrupted, timely, secure, or error-free.
Prudent1.com does not warrant that the results that may be obtained from the use of the Services will be accurate or reliable.
Prudent1.com does not warrant that the quality of any products, services, information, or other materials purchased or obtained by you through the Services will meet your expectations, or that any errors in the Services will be corrected.

WHICH MEANS

We are not responsible if you break the law, breach this agreement or go against the rights of a third party, especially if you get sued.

Service is “as is” so it may have errors or interruptions and we provide no warranties and our liability is limited.

Waiver and Complete Agreement

The failure of Prudent1.com to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service, including the documents it incorporates by reference, constitute the entire agreement between you and Prudent1.com and govern your use of the Services and your Account, superseding any prior agreements between you and Prudent1.com (including, but not limited to, any prior versions of the Terms of Service).

WHICH MEANS

If Prudent1.com chooses not to enforce any of these provisions at any time, it does not mean that we give up that right later.

These Terms of Service make up the agreement that applies to you. This means that any previous agreements between you and Prudent1.com don’t apply if they conflict with these terms.

Intellectual Property and Customer Content

We do not claim any intellectual property rights over the Materials you provide to the Prudent1.com Service unless it is a product manufactured and owned by Prudent1.com. Unless owned by a 3rd party, all Materials you upload remain yours. You can remove your Prudent1.com Store at any time by deleting your Account.
By uploading Materials, you agree: (a) to allow other internet users to view the Materials you post publicly to your Store; (b) to allow Prudent1.com to store, and in the case of Materials you post publicly, display and use your Materials; and (c) that Prudent1.com can, at any time, review and delete all the Materials submitted to its Service, although Prudent1.com is not obligated to do so.
You retain ownership over all Materials that you upload to the Store; however, by making your Store public, you agree to allow others to view Materials that you post publicly to your Store. You are responsible for compliance of the Materials with any applicable laws or regulations.
Prudent1.com shall have the non-exclusive right and license to use the names, trademarks, service marks and logos associated with your Store to promote the Service.

WHICH MEANS

Anything you upload that does not clearly belong to Prudent1.com or a 3rd party, remains yours and regardless of ownership remains your responsibility, however we have the right to use it to promote the service.

Prudent1.com Shipping Via Shipstation

You agree to use Shipstation as your primary shipping agent unless otherwise expressly approved by Prudent1.com. It is your responsibility and you agree, to learn how to use Shipstation and obtain the necessary labels to fulfill your orders for shipping.

WHICH MEANS

If you use Prudent1.com you must use Shipstation for Shipping unless otherwise expressly approved otherwise and you must comply with the Prudent1.com Shipping Terms of Service.

Payment of Fees

You will pay the Fees applicable to your subscription to Online Service and/or POS Services (“Subscription Fees”) and any other applicable fees, including but not limited to applicable fees relating to the value of sales made through your Store when using all approved payment providers other than Prudent1.com Payments (“Transaction Fees”), and any fees relating to your purchase or use of any products or services such as Prudent1.com Payments, POS Equipment, shipping, apps, Themes, domain names, or Third Party Services (“Additional Fees”). Together, the Subscription Fees, Transaction Fees and the Additional Fees are referred to as the “Fees”.
You must keep a valid payment method on file with us to pay for all incurred and recurring Fees. Prudent1.com will charge applicable Fees to any valid payment method that you authorize (“Authorized Payment Method”), and Prudent1.com will continue to charge the Authorized Payment Method for applicable Fees until the Services are terminated, and any and all outstanding Fees have been paid in full. Unless otherwise indicated, all Fees and other charges are in U.S. dollars, and all payments shall be in U.S. currency.
Subscription Fees are paid in advance and will be billed in 30 day intervals (each such date, a “Billing Date”). Transaction Fees and Additional Fees will be charged from time to time at Prudent1.com’s discretion. You will be charged on each Billing Date for all outstanding Fees that have not previously been charged. Fees will appear on an invoice, which will be sent to the Store Owner via the email provided. As well, an invoice will appear on the Account page of your Store’s administration console. Users have approximately two weeks to bring up and settle any issues with the billing of Subscription Fees.
If we are not able to process payment of Fees using an Authorized Payment Method, we will make a second attempt to process payment using any Authorized Payment Method 3 days later. If the second attempt is not successful, we will make a final attempt 3 days following the second attempt. If our final attempt is not successful, we may suspend and revoke access to your Account and the Services. Your Account will be reactivated upon your payment of any outstanding Fees, plus the Fees applicable to your next billing cycle. You may not be able to access your Account or your storefront during any period of suspension. If the outstanding Fees remain unpaid for 60 days following the date of suspension, Prudent1.com reserves the right to terminate your Account.
All Fees are exclusive of applicable federal, provincial, state, local or other governmental sales, goods and services (including Goods and Sales Tax under the Goods and Services Tax Act, Chapter 117A of Singapore), harmonized or other taxes, fees or charges now in force or enacted in the future (“Taxes”).
You are responsible for all applicable Taxes that arise from or as a result of your subscription to or purchase of v’s products and services. To the extent that Prudent1.com charges these Taxes, they are calculated using the tax rates that apply based on the billing address you provide to us. Such amounts are in addition to the Fees for such products and services and will be billed to your Authorized Payment Method. If you are exempt from payment of such Taxes, you must provide us with evidence of your exemption, which in some jurisdictions includes an original certificate that satisfies applicable legal requirements attesting to tax-exempt status. Tax exemption will only apply from and after the date we receive evidence satisfactory to Prudent1.com of your exemption. If you are not charged Taxes by Prudent1.com, you are responsible for determining if Taxes are payable, and if so, self-remitting Taxes to the appropriate tax authorities in your jurisdiction.
For the avoidance of doubt, all sums payable by you to Prudent1.com under these Terms of Service shall be paid free and clear of any deductions or withholdings whatsoever. Other than Taxes charged by Prudent1.com to you and remitted to the appropriate tax authorities on your behalf, any deductions or withholdings that are required by law shall be borne by you and paid separately to the relevant taxation authority. Prudent1.com shall be entitled to charge the full amount of Fees stipulated under these Terms of Service to your Authorized Payment Method ignoring any such deduction or withholding that may be required.
You must maintain an accurate location in the administration menu of your Prudent1.com Store. If you change jurisdictions you must promptly update your location in the administration menu.
Prudent1.com does not provide refunds for subscriptions.

WHICH MEANS

A valid credit card is required for all Accounts. You will be billed for your Subscription Fees every 30 days. Any Transaction Fees or Additional Fees will be charged to your credit card. If payment of Fees is unsuccessful after three attempts, Prudent1.com may freeze your Store. You may be required to remit Taxes to Prudent1.com or to self-remit to your local taxing authority. We do not provide refunds.

Cancellation and Termination

You may cancel your Account and terminate the Terms of Service at any time by contacting Prudent1.com Support and then following the specific instructions indicated to you in Prudent1.com’s response.
Upon termination of the Services by either party for any reason:
1. Prudent1.com will cease providing you with the Services and you will no longer be able to access your Account;
2. Unless otherwise provided in the Terms of Service, you will not be entitled to any refunds of any Fees, pro rata or otherwise;
3. Any outstanding balance owed to Prudent1.com for your use of the Services through the effective date of such termination will immediately become due and payable in full; and
4. your Store website will be taken offline.
If you purchased a domain name through Prudent1.com, upon cancellation your domain will no longer be automatically renewed. Following termination, it will be your sole responsibility to handle all matters related to your domain with the domain provider.
If at the date of termination of the Service, there are any outstanding Fees owing by you, you will receive one final invoice via email. Once that invoice has been paid in full, you will not be charged again.
We reserve the right to modify or terminate the Prudent1.com Service, the Terms of Service and/or your Account for any reason, without notice at any time. Termination of the Terms of Service shall be without prejudice to any rights or obligations which arose prior to the date of termination.
Fraud: Without limiting any other remedies, Prudent1.com may suspend or terminate your Account if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with the use of the Services.

WHICH MEANS

To initiate a termination contact Support@Prudent1.com will respond with specific information regarding the termination process for your account. Once termination is confirmed, domains purchased through Prudent1.com will no longer be automatically renewed. If you cancel in the middle of your billing cycle, you’ll have one last email invoice.

We may change or terminate your account at any time. Any fraud and we will suspend or terminate your account.

Modifications to the Service and Prices

Prices for using the Services are subject to change upon 30 days’ notice from Prudent1.com. Such notice may be provided at any time by posting the changes to the Prudent1.com Site (Prudent1.com.com) or the administration menu of your Prudent1.com Store via an announcement.
Prudent1.com reserves the right at any time, and from time to time, to modify or discontinue, the Services (or any part thereof) with or without notice.
Prudent1.com shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

WHICH MEANS

We may change or discontinue the service at any time, without liability.

Third Party Services, Experts, and Experts Marketplace

Prudent1.com may from time to time recommend, provide you with access to, or enable third party software, applications (“Apps”), products, services or website links (collectively, “Third Party Services”) for your consideration or use. Such Third Party Services are made available only as a convenience, and your purchase, access or use of any such Third Party Services is solely between you and the applicable third party services provider (“Third Party Provider”). In addition to these Terms of Service, you also agree to be bound by the additional service-specific terms applicable to services you purchase from, or that are provided by, Third Party Providers.
Any use by you of Third Party Services offered through the Prudent1.com’s website is entirely at your own risk and discretion, and it is your responsibility to read the terms and conditions and/or privacy policies applicable to such Third Party Services before using them. In some instances, Prudent1.com may receive a revenue share from Third Party Providers that Prudent1.com recommends to you or that you otherwise engage through your use of the Prudent1.com’s website.
We do not provide any warranties or make representations to you with respect to Third Party Services. You acknowledge that Prudent1.com has no control over Third Party Services and shall not be responsible or liable to you or anyone else for such Third Party Services. The availability of Third Party Services on Prudent1.com’s websites, including the enabling of such Third Party Services by Prudent1.com, does not constitute or imply an endorsement, authorization, sponsorship, or affiliation by or with Prudent1.com. Prudent1.com does not guarantee the availability of Third Party Services and you acknowledge that Prudent1.com may disable access to any Third Party Services at any time in its sole discretion and without notice to you. Prudent1.com is not responsible or liable to anyone for discontinuation or suspension of access to, or disablement of, any Third Party Service. Prudent1.com strongly recommends that you seek specialist advice before using or relying on Third Party Services, to ensure they will meet your needs. In particular, tax calculators should be used for reference only and not as a substitute for independent tax advice, when assessing the correct tax rates you should charge to your customers.
If you install or enable a Third Party Service for use with the Services, you grant us permission to allow the applicable Third Party Provider to access your data and other Materials and to take any other actions as required for the interoperation of the Third Party Service with the Services, and any exchange of data or other Materials or other interaction between you and the Third Party Provider is solely between you and such Third Party Provider. Prudent1.com is not responsible for any disclosure, modification or deletion of your data or other Materials, or for any corresponding losses or damages you may suffer, as a result of access by a Third Party Service or a Third Party Provider to your data or other Materials.
Google Maps is a Third Party Service that is used within the Services. Your use of the Services is subject to your acceptance of the Google Maps and Earth Enterprise Universal Acceptable Use Policy, Google Maps and Google Earth Additional Terms of Service and Google Privacy Policy as it may be amended by Google from time to time.
The relationship between you and any Third Party Provider is strictly between you and such Third Party Provider, and Prudent1.com is not obligated to intervene in any dispute arising between you and a Third Party Provider.
Under no circumstances shall Prudent1.com be liable for any direct, indirect, incidental, special, consequential, punitive, extraordinary, exemplary or other damages whatsoever, that result from any Third Party Services or your contractual relationship with any Third Party Provider, including any Expert. These limitations shall apply even if Prudent1.com has been advised of the possibility of such damages. The foregoing limitations shall apply to the fullest extent permitted by applicable law.
You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, Prudent1.com partners, officers, directors, agents, employees, and suppliers harmless from any claim or demand, including reasonable attorneys’ fees, arising out of your use of a Third Party Service or your relationship with a Third Party Provider.

WHICH MEANS

We are not responsible for third party services so use them at your own risk. If you use Third Party Services on the Prudent1.com platform, you permit us to send your data to those services. If you use Third Party Services you agree that we do not provide a warranty, so get advice beforehand.

Beta Services

From time to time, Prudent1.com may, in its sole discretion, invite you to use, on a trial basis, pre-release or beta features that are in development and not yet available to all merchants (“Beta Services”). Beta Services may be subject to additional terms and conditions, which Prudent1.com will provide to you prior to your use of the Beta Services. Such Beta Services and all associated conversations and materials relating thereto will be considered Prudent1.com Confidential Information and subject to the confidentiality provisions in this agreement. Without limiting the generality of the foregoing, you agree that you will not make any public statements or otherwise disclose your participation in the Beta Services without Prudent1.com’s prior written consent. Prudent1.com makes no representations or warranties that the Beta Services will function. Prudent1.com may discontinue the Beta Services at any time in its sole discretion. Prudent1.com will have no liability for any harm or damage arising out of or in connection with a Beta Service. The Beta Services may not work in the same way as a final version. Prudent1.com may change or not release a final or commercial version of a Beta Service in our sole discretion.

Feedback and Reviews

Prudent1.com welcomes any ideas and/or suggestions regarding improvements or additions to the Services. Under no circumstances shall any disclosure of any idea, suggestion or related material or any review of the Services, Third Party Services or any Third Party Provider (collectively, “Feedback”) to Prudent1.com be subject to any obligation of confidentiality or expectation of compensation. By submitting Feedback to Prudent1.com (whether submitted directly to Prudent1.com or posted on any Prudent1.com hosted forum or page), you waive any and all rights in the Feedback and that Prudent1.com is free to implement and use the Feedback if desired, as provided by you or as modified by Prudent1.com, without obtaining permission or license from you or from any third party. Any reviews of a Third Party Service or Third Party Provider that you submit to Prudent1.com must be accurate to the best of your knowledge, and must not be illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable. Prudent1.com reserves the right (but not the obligation) to remove or edit Feedback of Third Party Services or Third Party Providers, but does not regularly inspect posted Feedback.

DMCA Notice and Takedown Procedure

Prudent1.com supports the protection of intellectual property and asks Prudent1.com merchants to do the same. It’s our policy to respond to all notices of alleged copyright infringement. If someone believes that one of our merchants is infringing their intellectual property rights, they can send a DMCA Notice to Prudent1.com’s designated agent using our form. Upon receiving a DMCA Notice, we may remove or disable access to the Materials claimed to be a copyright infringement. Once provided with a notice of takedown, the merchant can reply with a counter notification using our form if they object to the complaint. The original complainant has 14 business days after we receive a counter notification to seek a court order restraining the merchant from engaging in the infringing activity, otherwise we restore the material. For more information, see our DMCA Notice and Takedown Procedure.

WHICH MEANS

Prudent1.com respects intellectual property rights and you should too. If we receive a DMCA Notice, we may disable access or remove the allegedly infringing content from your website. If you don’t think the claim is valid, you can proceed with a counter notification.

If you believe one of our merchants is infringing your intellectual property rights, you can send Prudent1.com a DMCA Notice. We will expeditiously disable access or remove the content and notify the merchant. Be advised that we post all notices we receive.

Rights of Third Parties

Save for Prudent1.com and its affiliates, Prudent1.com Users or anyone accessing Prudent1.com Services pursuant to these Terms of Service, unless otherwise provided in these Terms of Service, no person or entity who is not a party to these Terms of Service shall have any right to enforce any term of these Terms of Service, regardless of whether such person or entity has been identified by name, as a member of a class or as answering a particular description. For the avoidance of doubt, this shall not affect the rights of any permitted assignee or transferee of these Terms.

WHICH MEANS

Only Prudent1.com, Prudent1.com Users and persons accessing Prudent1.com Services have any rights under these Terms of Service.

Privacy & Data Protection

Prudent1.com is firmly committed to protecting the privacy of your personal information and the personal information of your customers. By using the Service, you acknowledge and agree that Prudent1.com’s collection, usage and disclosure of this personal information is governed by our Privacy Policy.

Additionally, if: (a) you are established in the European Economic Area (EEA); (b) you provide goods or services to customers in the EEA; or (c) you are otherwise subject to the requirements of the EU General Data Protection Regulation, Prudent1.com’s collection and use of personal information of any European residents is also subject to our Data Processing Addendum.

WHICH MEANS

Prudent1.com’s use and collection of personal information is governed by our Privacy Policy. Additionally, if you or your customers are located in Europe, Prudent1.com’s use and collection of European personal information is further governed by our Data Processing Addendum.

Prudent1.com LLC